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C-5518 - PSA for Sediment Sampling, Permit Support and Reporting
PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA FOR h� SEDIMENT SAMPLING, PERMIT SUPPORT AND REPORTING 1 THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and (} entered into as of this 24th day of May, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city C'J ( "City "), and ANCHOR QEA, a California limited partnership ( "Consultant'), whose address is 26300 La Alameda, Suite 240, Mission Viejo, CA 92691, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide post dredging sediment sampling, permit support for various dredging projects, water quality monitoring and reporting ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2015 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or to perform the Services in a diligent and timely manner may result in termination of this Agreement by City, 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand-delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit 6 and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 43 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did ANCHOR QEA Page 2 not reasonably anticipate would be necessary at the execution of this Agreement, Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Cappellino to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Harbor Resources Department, City's Harbor Resources Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 81 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. ANCHOR QEA Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. ANCHOR QEA Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15, PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall ANCHOR QEA Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. ANCHOR QEA Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. ANCHOR QEA Page 7 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Chris Miller, Harbor Resources Manager Harbor Resources Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Cappellino ANCHOR OEA 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request ANCHOR QEA Page 8 for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof - 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28, STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged ANCHOR QEA Page 9 herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling taw and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attomevs' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts, This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] ANCHOR QEA Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY',S OFFICE Date: in Aaron CAH i City Attorney ATTEST: Date:' By: "P. %,,—, Leilani I. Brown City Clerk `-9/ 1 FOS% CITY OF NEWPORT BEACH, a California municipal corporation Date: fol �qj?, By: ;1�-e X - 4 David ff City Manager CONSULTANT: ANCHOR QEA, a California limited partnership Date: Wro r By: Steve Cappellino Senior Partner Date: 61lf3O By: Shelly Anghey�a Partner [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements ANCHOR QEA Page 11 EXHIBIT A SCOPE OF SERVICES ANCHOR QEA Page A -1 ANCHOR OEA_ 26300 La Alameda, Suite 240 Mission Viejo, Californla 92691 Phone 949.347.2780 Fax 949.334.9646 May 15, 2013 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Re: Rhine Channel Dredging Project — Contract Extension Request Dear Mr. Miller: Anchor QEA, L.P., recently assisted the City of Newport Beach {City} with the construction effort for the Rhine Channel dredging project. Sediments within the Rhine Channel, as well as other nearby City - managed areas were found unsuitable for open -water disposal and thus required an alternative disposal site. The sediments were ultimately approved for placement into the Port of Long Beach's Middle Harbor confined disposal facility slip fill site, and in early 2012 the project was successfully dredged. Anchor QEA was retained by the City to assist with many phases of the project including engineering design, permitting, construction oversight, and post - construction sediment sampling to verify successful project completion. While actual construction ended in January 2012, there was a significant delay in receiving approval from the Santa Ana Regional Water. Quality Control Board to allow initiation of the post- construction sediment sampling task. Final approval of the post - dredge sediment sampling plan was obtained in November 2012 and the field work commenced during December 2012. Unfortunately, because the contractual agreement between Anchor QEA and the City for this task officially expired in August 2012, there is a need to modify the existing agreement or re -issue a new agreement to cover the remaining expenses incurred after the contract expired. The current letter requests such an extension. www,anchorgea.com Mr. Chris Miller May 15, 2013 Page 2 A total of $27,561 was not billed under the expired contract and should form the basis for the current extension/new agreement. This total is comprised of the following individual charges: • Invoice number 33164 in the amount of $25,186.95 for charges accrued in February 2013. These charges included direct costs from the analytical laboratory running the chemical analyses as well as staff charges for processing the data and summarizing the results. • Invoice number 33511 in the amount of $1,302.50 for charges accrued in March 2013. These charges included labor charges for post sampling field verification to assist with data interpretation. a Unbilled labor in the amount of $1,071 for finalizing the closure documents with the Water Board. Copies of invoice numbers 33164 and 33511 are attached to this letter. If there are any questions about this request, please do not hesitate to contact us at (949) 347 -2780. Steve Cappellino Anchor QEA, L.P. ANCHOR OEA 720 Olive Way, Suite 1900 Seattle, WA 98101 T 206,287.9130 F 206,287.9131 Chris Miller City of Newport Beach Harbor Resources $29 Harbor Island Drive Newport Beach, CA 92660 March 21, 2013 Project No; 090243 -01.12 Invoice No: 33164 Project 090243 -01.12 Confirmational Testing Program Sours Rate Amount Professional Services from February 01, 2Q13 to ebruar 8, 2013 210.00 315.00 Cappollino, Steve Task 4 Chemical Analysis 210.00 3,360.00 Osueh, Christopher 1.75 Professional Personnel Valntotite, Cecile .25 85.00 21.25 Totals Sours Rate Amount Total Labor Nelda, Cindy 10.00 120.00 1,200.00 Fuller, Ivy 20.50 120.00 1,260.00 Totals 20.60 2,460.00 Total Labor 2,460.00 Reimbursable Expenses Lab Services 2/2$/2013 Calscience Environmental 836.00 Laboratories 2/2812013 Calscience Environmental 4,598.00 Laboratories Total Reimbursables 5,434.00 5,43400 Total this Task $7,894,00 Task 5 Reporting Professional Personnel Task 6 Contingency for additional cotes/samples Reimbursable Expenses Lab Services 2/28/2D13 Calscience Environmental 13,33420 Laboratories Total Reimbursables 13,334.20 1.3,334.20 Total this Task $13,334.20 Sours Rate Amount Anghera, Michelle 1.50 210.00 315.00 Cappollino, Steve 16.00 210.00 3,360.00 Osueh, Christopher 1.75 150 ,00 262.50 Valntotite, Cecile .25 85.00 21.25 Totals 19.50 3,958.75 Total Labor 3,95$.75 Total this Task $3,958.75 Task 6 Contingency for additional cotes/samples Reimbursable Expenses Lab Services 2/28/2D13 Calscience Environmental 13,33420 Laboratories Total Reimbursables 13,334.20 1.3,334.20 Total this Task $13,334.20 Proiect 040243 -01.12 Invoice 33164 Outstanding Invoices Number Date 32594 1(2312013 32785 2/19/2013 Total Balance 26,350.62 35,658.80 62,009.42 Total this Invoice $25,186.95 Page 2 ANCHOR QA 720 Olive Way, Suite 1900 Seattle, WA 98101 T 206.2879130 F 206187.9131 Chris Miller City of Newport Beach Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 April 19, 2013 Project No: 090243 -01.12 Invoice No: 33511 Project 090243 -01.12 Confirmational Testing Program Professional Services from March 01 2013 to March 31 2013 Task 1 Preparation of a Sampling and Analysis Plan Professional Personnel Hours Rate Amount Valmonte, Cecile .50 85.00 42.50 Totals .50 42.50 Total Labor 42.50 Total this Task $42.550 Task 3 Sediment Sampling Professional Personnel Fellers, Dustin Totals Total Labor Hours Rate Amount 4,00 105.00 420.00 4,00 420.00 Task 6 Contingency for additional cores/samples Professional Personnel Cappellino, Steve Totals Total Labor 420.00 Total this Task $420,00 Hours Rate Amount 4.00 210.00 840,00 4.00 840.00 Total this Task Total this Invoice Outstanding Invoices Number D Date B 840.00 $840.00 $1,302.50 ANCHOR QEA 26300 to Alameda, Suite 240 Mission Viejo, California 92691 Phone 949.347.2780 Fax 949.334.9646 May 9, 2013 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Re: Revised Scope of Work for Linda Isle Permit Support Dear Mr. Miller: Anchor QEA, LP,, is pleased to have supported the City of Newport Beach (City) with water quality and permit compliance services related to the Lower Newport Bay Federal Dredging Program, Phase I dredging activities have been completed and the contractor (RE Staite) recently completed Phase II operations, which included additional dredging within multiple areas throughout Lower Newport Bay (INB). As with the Phase I program, Phase Il of the LNB dredging effort was a federally sponsored program to restore navigation depths to the federal channels throughout the Bay, Because of a budget shortfall with federal funding for the project, the City was forced to intervene and contribute funds to the program, This included assisting in the negotiation and execution of a Santa .Ana Regional Water Board water quality and sediment monitoring program to monitor for adverse impacts associated with the dredging effort. In addition to assisting the City in the development and implementation of a water quality monitoring program for the federal areas, Anchor QEA also assisted with permitting and design activities for dredging the backside of Linda Isle, which lies on joint City and County of Orange (County) tidelands. Although permitted separately, construction of this project was included as part of the Phase II federal dredging project. Mr. Chris Miller May 9, 2013 Page 2 To continue supporting the dredging program for LNB, two additional tasks were required, as outlined below; • Task I — Phase Il Water Quality and Sediment Sampling (Task I costs and project details are provided under separate cover) • Task 2 — Linda Isle City /County Permit Support This Scope of Work details work elements for Task 2 only. A separate letter has been submitted to cover Task I changes. Task 2: Linda Isle Permit Support Anchor QEA was approved in April 2012 to provide permit support for the City /County maintenance dredging project. The original budget was $78,065 and included preparation of preliminary design sheets and obtaining all regulatory permits and approvals. Several pre - and post - construction requirements and other additional tasks were completed that were not included in the original City /County scope of work approved in April 2012 and the costs to complete these additional tasks total. approximately $40,000. The additional funds are being requested for the following items: Permit - related and Pre - construction Items: • Dredge design plan sheets for contractor bidding and construction — This consisted of developing plan view and cross - section profiles of the dredge area with sufficient detail to allow the US. Army Corps of Engineers (CiSACE) to obtain a cost estimate for the work and to instruct the contractor on the proper construction elements for the Linda Isle dredging. • California State Lands Commission (CSLC) dredging lease coordination — It was previously assumed that no portion of the proposed project area extended onto State - owned lands and coordination with the CSLC would not be required (i.e., all tidelands are City- or County- owned); however, lands that were granted to the County did ultimately require an amendment to an existing dredging lease from the CSLC. • State Lands Commission permit application —Anchor QEA completed the CSLC amendment application and submitted the documentation along with the required application fee on behalf of the City and the County. Mr. Chris Miller May 9, 2013 Page 3 • Eelgrass mitigation coordination, including submittal requirements and notifications to the regulatory agencies (USAGE Special Condition 3) — This scope of work does not include contingencies to the mitigation plan if the success criteria are not met after 5 years. • Pre- construction eelgrass survey -- This survey was required prior to dredging and was contracted to an outside company for completion. • Pre - construction notifications, submittal requirements, and coordination — This includes proper work notifications to all permitting agencies regarding the planned start date for construction. • Water Quality Monitoring Plan — This included the development and negotiations for water quality monitoring within the City/County Linda Isle dredge area. • Water quality monitoring and. reporting costs have been included. in Task I above. Past- construction. Items: • Final review of the as -built construction report, which will be prepared by the USAGE for submittal to the other regulatory agencies — it is assumed that the USAGE will also coordinate the post - construction bathymetry surveys as part of the development of the as -built construction report. • Past - construction eelgrass survey (USACE Special Condition 2). • Post - construction submittals (USACE Special Condition 11, 28) — this task includes preparation of a. post- dredge report that confirms dredging was complete to the permitted design depth and volume, and operational methods were consistent with the special conditions of the USACE permit. 11llT' • � The following table summarizes the costs for the above tasks. A detailed cost breakdown is attached to this scope of work to provide supporting information and assumptions (Attachment A). The attached table includes costs for both Tasks i and 2 for reference only. The current Scope of Work is for Task 2. These costs represent not -to- exceed time and materials estimates. Mr. Chris Miller May 9, 2013 Page 4 Table 1 Summary Budget Estimate by Task Item Estimate Level of Effort Task 1. Phase II Water Quality and Sediment Sampling* - Task 2. Linda Isle Permit Support $39,706 Total $39,706 *Task 1 costs and project details are provided under separate cover. We appreciate the opportunity to continue supporting the City with the LNB Federal Dredging Program. If there are any questions about this scope of work, please do not hesitate to contact us at (949) 347 -2780. Sincerely, Steve Cappellino Anchor QEA, L.P. �s W Q 5 d w E `m za y' N S% m� 0� r � ti r R Q (a z N w y E Uz 4u� o�Q �°a a n o aN�b N t0 (Y f9hp^, r.yno, 4p,O r •QO PO fiU I • rfd � 101;'mHt$N .A F O qNC ^03m N <N pO� M .O -`4�t � tNR V N � � OO •r( Y W �O VmNr @!�V t'IONVNQtl 0 WO SI 1 P POP 4 4 tl P O o p O 4 w M M w M M M w M .... w ..... M M w it 000aaPOOOO4oa P w wwMwNwHw NwMMw MwMMMMMN M w w r , I I r, r I I,. r, r r r .. , r ik oa000000appaP o N wwWMM KM MwwHM wwwwww+HM H t9 H 11 oogaaP4a0000P p N WMNNwwwae -MMMM MMw ----- N - H M wq3 VYM tyww wHMMH MwwwHHMw M H M Ii QPQapo46oaaa4 0 4}6NMMMwM wwwMMr/FMNwM MHN N M 11 a O O O b b O tl° tl O P q O wwMMMHH wNwwwMwwwwHwHw w 1 0 0 0 O b O tl P 9 O O O O r O r,,, i, r w wHwwHNMN MwHwwww&]+R wNNNH f9 w N a „ r O • r O � s t s , , , • • e , • OC) yN q NYON��OOOOOOOp ^N � NGN Qgf Fm M wIRMMMN MY6' wwwHN MwNwwHwM w 4Y ....g4 wwMMMwMM wwwwM M w Mwww w w yy b.p OM ONKf ,'aNN4NN„' � m� HwwwwV}wNMNwVfH w <hgKbN O N O111CCC (sg 3 U � m C � � �q.��M44CJpNb�� Ui�.•ro .Q� UL�°�v ��mmg A p 2y �P pp g 4v}�rAy Unar -2 C34(:+m U�tl u. !- C£EOU. °L ANCHOR QEA 26300 La Alameda, Suite 240 Mission Viejo, California 92691 Phone 949.347.2780 fax 949.334.9646 May 15, 2013 Chris Miller Harbor Resources Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92650 Re: Scope of Work and Rate Sheet to Support As- Needed Environmental Permitting Tasks for the City of Newport Beach Dear Mr. Miller: Anchor QEA, L.P., is pleased to present this scope of work and budget request for as- needed environmental permitting support to the City of Newport Beach (City). The City, through its Harbor Resources and Public Works departments frequently requires environmental permitting support related to harbor and City operations. Example tasks potentially funded under this agreement could include State and Federal agency negotiations related to reissuing the Newport Harbor Regional General Permit (RGP 54) for dredging, eelgrass mitigation, and water quality permitting to support dredging and TMDL programs, Anchor QEA proposes to provide all labor and direct costs associated with the various management and environmental - related, tasks requested by the City Harbor Resources Department. We propose a not -to- exceed (without prior agreement) contractual amount of $50,000 for this agreement. All charges would be invoiced on a time and materials basis, according to our attached rate sheet (Attachment A), and Anchor QEA would only bill for time and materials actually expended. If amenable to this scope of work, we will perform the work pursuant to the terms of our e_-�dsting contracts. Mr. Chris Miller May 13, 2013 Pape 7 We appreciate the opportunity to provide this scope of work and look forward to continuing to support the City. Please feel free to contact me with any questions or concerns via email at scgUellino(@anchoLgea.com or by phone at (949) 347-2780. Sincerely, Steve Cappellino Principal Scientist Anchor QEA, L.P. ANCHOR QEA Page - Anchor- QEA, L.L.C. 2013 BILLING- RATES Professional Level Hourly Rates Principal CMt/ Engineer /LA2/PIanner/ Scientist ....... .... - .. ............................... ...........................$219 Senior Managing Analyst/CM /Engineer /LA/Planner /Scientist .................................... -- ........ $199 Managing Analys t/CM/Engnieer /LA/ Planner / Scientist ......... .. .......... - ........ ,............... ... ....... .... $180 Senior A aalyst/CM/EngineerfLAIP.lanner /Scientist ................................... ............................... $160 Staff 3 Analyst/CM/Engineer/LA/Planner/ Scientist ........ ............................... ...........................$145 Staff 2 Analyst/CM/ Engineer /LAJPlanner/ Scientist ........ ............................... ...........................$130 Staff I Analyst/CM/ Engineer /LA/Plamier/ Scientist .........................--........ .......-- ..................$1I0 SeniorCAD-' Designer ..................................................... ............................... ...........................$115 CADDesigner .......... ....... ........................................... -- .... -- ...... .......... - ... .......... .... ....... .... ., .... ,,$98 Technician..................................................................................................... ............................... $92 TechnicalEditor ............................................................................................... ............................$98 ProjectCoordinator ... ............. -- ..... -- ....... ........... -- ..................... ... ..... - ..... .. ... ,... ......... ... ..... ..$92 Special Hourlv hates Nationalexpert consultant ..... - ............ -- ......... ................. .............. .... --- ........ ......... ....... ......... $361 All work by a testifying expert... .... .......... — .......... ........... - ... ...... 1.5 times professional level rate EXPENSE BILLING RA'Z'ES Expense Rates Computer Modeling (per hour) ....................................... ............................... .........................$10.00 Graphic Plots (varies with plot size) ........ ..................... ......... ...... ........... ... ... ... .... ... ........ - .... . $3 -6 /sf Mileage (per mile) ...... ................................................. --- ... ......... - -..... Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts /subconsultants ....................................................................... ............................... 10% Traveland other direct costs .. .... .... ..... --- ................... ............... --- ... ...... ........... ....... ... ......... . 10% Fieldequipment & supplies...-- .................................................................. ............................... 10% I CM= Constrectio6 MMI'ager 2 LA= Lmdsoupe Architect 3 CAD = Computer Aided Design INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager, 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented ANCHOR QEA Page vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this ANCHOR OEA Page C -2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. ANCHOR QEA Page C -3 CERTIFICATE OFINSURANCE CHECKLIST This checklist i* comprised vf requirements as outlined bythe City nf Newport Beach. * Date Received: 6/2/ Dept./Comtaot Received From: Lucie Date Completed: 6/2 Sent to: Lucie By: Company/Person required to have certificate: Anchor CEA, LP Type of contract: All Others l GENERAL LIABILITY EFFECTIVE/EXPIRATION D/TE: 10/10/12-10/10/1 A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut D� AN| BEST RATING (A: VII orgrouhyr): C. ADMITTED Company (Must be California Adoi8ed): Is Company admitted inCalifornia? Yes [I No D. LIMITS (Must be$1Morgroa1nr): What in limit provided? l E. ADDITIONAL INSURED ENDORSEMENT ~ please attach MYes E] No F, PRODUCTS AND COMPLETED OPERATIONS (Must include): }uhincluded? (completed Operations status does not apply to Waste Haulers orRecreation) EYwy ONu G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) Yes [] No H. ADDITIONAL INSURED WORDING T0 INCLUDE (The City its officers, officials, employees and vo|unteero):|oit included? 0Ymn E] No |, PRIMARY & NON-CONTRIBUTORY WORDING (Must bo included): )o|tincluded? 0Yas Fl No J. CAUTION! (Confirm that loss or liability uf the named insured in not limited solely by their negligence) Does endorsement include "solely by negligence" wording? FlYes K8No K. ELECTED SCK4AF COVERAGE (RECREATION 0NLY): 0N/8 El Yes [lNo L. NOTICE [)FCANCELLATION: El N/A ZYe* 0 N D. AUTOMOBILE LIABILITY EFFECT|VE/EXP|RAT|oNDATE: - A. INSURANCE COMPANY: Travelers Property Ca B. A&« BEST RATING (A-: VII orgreater) C. ADMITTED COMPANY (Must ha California /\dnn|tted): |o Company admitted inCalifornia? ZYes FlNo D� LIMITS '/f Employees (Must be$1M min. B|&PD and $50U.DVn UNY.$2M min for Waste Hau!oca): What iy limits provided? 1,000,000 E. LIMITS Waiver nf Auto Insurance / Proof of coverage (if individual) (What io limits prnvided?) }Ybi F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): 0NA\ [lYes FlNo 8, HIRED AND NON-OWNED AUTO ONLY: El N/A 0Yen 0 N H. NOTICE OFCANCELLATION: Fl N8\ NYan 0 No III. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 10/10/12-10110113 A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory Yes El No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? EK Yes ❑ No G. SIGNED WORKERS` COMPENSATION EXEMPTION FORM: N/A © Yes 0 No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 6/21/13 Date FN/A Z Yes ❑ No ► 0_1=mw, X N/A � Yes ❑ No 103011000 RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ 0 N/A ❑ Yes El No Reason for Risk Management approval /exception /waiver: Needs risk management approval for Workers' Compensation. Not rated and non-admitted, Approved: Risk Management * Subject to the terms of the contract. Date